Jurisprudence Research On The Right To Know In Administration

Our age is the age full of rights, among which the Right to Know, a new type of rights, has been attached more and more importance to. Protecting the Right to Know in Administration via the law system of government information publicity has been a method and mode which are widely accepted and executed by countries all over the world. The event of SARS in the year of 2002 made the public in China realized more strongly than ever before that it was very necessary and valuable to set up the modern opening government which can protect the Right to Know in Administration for them. What is called the Right to Know means the natural persons, juridical persons and other organizations have the rights to be informed about and get the information, including the Right to Know in the public law and the Right to Know in the private law. The Right to Know in the public law means based on those public laws such as Constitution, Administration Law, the natural persons, juridical persons and other organizations have the rights to get to know the information which are obtained by the state organs such as legislation organs, judicatory organs, administration organs and so on. It can be divided into the Right to Know in Legislation, the Right to know in Judicatory and the Right to Know in Administration according to the corresponding obligation body and the contents of the information. The origin and the main idea of the Right to Know are mostly the public right to know in public law, which focuses mainly on the Right to Know in Administration, that is the supervision of the powerful administration organs. The so called the Right to Know in Administration means the natural persons, juridical persons and other organizations have the rights and freedom to be informed about and obtained the administrative information. It includes Citizens Right to Know in Administration, Juridical Citizens Right to Know in Administration and Other Organizations Right to Know in Administration. Citizen is the basic unit for juridical persons and other organizations, the latter is the personalized simulation and extension of the former, so the analysis of this thesis focuses mainly on the Citizens Right to Know in Administration. This thesis contains eight chapters. In Chapter 1 ---The Ontology of the Right to Know in Administration, the author analyzes profoundly the ontology of the Right to Know in Administration, based on the review of other countries mature legislation system and the principle that we should acclimate the international current and base on the situation of our country. Furthermore, the author analyzes The Draft of Experts Suggestions on the Publicity of the Government Information from the angle of the establishment and protection of the Right to Know in Administration. At the same time, theauthor conceives the construction of the relevant legislation of the Right to Know in Administration.From Chapter 2 ---Chapter 4 the author analyzes the necessity and value of the Right to Know in Administration. Through the analysis of the theory and reality which gestate the Right to Know in Administration and the analysis of its values and functions contributed to the modern constitutional states, it is clarified that Citizens Right to Know is the citizens'basic right, which is generated based on the theory of balance between Constitutionalism, human rights and administration, and the abroad requirements of the reality. It is also the precondition, fundament and methodology to implement many other citizens rights, and it is very important for the constitutional states in the information age. In Chapter 5 and Chapter 6, the author reviews the International right to know in administration system. From the constitutional angle of view, the formative course of the Right to Know in Administration is analyzed with the review of the legislation system of the Right to Know in Administration in the following four countries, Sweden ---the earliest country in the world that made law to protect the Right to Know in Administration, U.K. ---the original country of modern constitutional theory and system bearing profound secrecy tradition, U.S. ---the country that has the most powerful international force and the perfect legislation in the Right to Know in Administration, and Japan ---the country that is part of the East Asian culture circle like China and closely guarded by the bureaucrat system. The social background and epoch features of the creation, evolvement and construction of the relevantlegislation systems are generalized. In addition, in this part the author also analyzes the international legislation system of the Right to Know in Administration from the angle of human rights in order to clarify that the Right to Know in Administration is a kind of human rights that is acknowledged internationally. In Chapter 7, As to those related powers and rights, the author first clarifies its definition and its effectiveness limits, and then values them by comparing it with the Right to Know in Administration and makes the best choice. In Chapter 8, the author puts forward the Analysis and construction about China's legislation system of the Right to Know in Administration.Based on the discrimination of concrete legislation system between China and other countries which are developed in the relevant legislation system, China's legislation system of the Right to Know in Administration (esp. The Draft of Experts Suggestions on the Publicity of the Government Information) are analyzed and constructed acclimating the times current and based on the situation of China. Chapter 1 The Ontology of the Right to Know in Administration In this chapter, the author analyzes profoundly the ontology of the Right to Know in Administration including the concept, property, constitutes, realization, redress of the Right to Know in Administration, and the obligation for impeding the Right to Know in Administration, based on the review of other countries mature legislation system and the principle that we should acclimate the international current and base on the situation of our country. Furthermore, the author analyzes the meritsand demerits of The Draft of Experts Suggestions on the Publicity of the Government Information from the angle of the establishment and protection of the Right to Know in Administration. At the same time, the author conceives the construction of the relevant legislation of the Right to Know in Administration. Chapter 2 The Theoretical Formation of the Right to Know in Administration In this chapter, the author tries to illustrate theoretically the inevitability of creation and the necessity of existence of the Right to Know in Administration. The constitution theory, the human rights theory and the administration balance theory are the kernel theoretical academic guidance. First, from the theoretical angle of the people's sovereign rights and the balance of administration, the author proves that the Right to Know in Administration is the requirement of the realization of the human rights and the balance of administration. Then, the author proves that the Right to Know in Administration is also the requirement of the realization of the constitution. Second, from the dimension of the human rights theory, the author illustrates that the Right to Know in Administration is a kind of human rights through making it clear that the Right to Know in Administration is the moral right that should be possessed by the citizens and the precondition and base of the realization of other citizens rights. At last, through the introduction of the theory of administration balance, the author proves that the Right to Know in Administration is the requirement of the realization of the modernadministration balance mainly using the theoretical information of chess play and information economics for reference. Chapter 3 The Realistic Demonstration of the Right to Know in Administration In this chapter, the author proves that the Right to Know in Administration is the requirement of series of national and international realities mainly by expatiating on the internal motivation for the publicity of government affairs in the international background of peace and development, the external pressure for the international promises made by the governments in the globalized times, and the requirements and motivation of the citizens society development. Chapter 4 The Value Analysis of the Right to Know in Administration After demonstrating the necessity of existence of the Right to Know in Administration from the theoretical and realistic aspects, the author further proves from four aspects that the Right to Know in Administration bears the unique values for the democratic society and constitutional countries. First, it can improve the participation of the public and guarantee the democratic right of state administration by the people. Second, it can legalize the publicity of the administration so that the private rights and freedom can be guaranteed effectively. Third, it can accelerate the information flow and boost the economy increase. At last, it can prevent the corruption and increase the administration efficiency. Chapter 5 The Review of Other Countries'Legislation System of the Right toKnow in Administration ---From the Angle of Constitutionalism In this chapter, from the constitution angle, the author generalizes the social background and epoch features of formation and evolvement of the relevant legislation system in those four countries by reviewing the legislation system of the Right to Know in Administration in Sweden, U.S., U.K. and Japan from the following three aspects ---Historical review of the relevant legislation system, concrete analysis of the present legislation system and the general evaluation of the legislation system of the Right to Know in Administration. By clearing up the legislation system and the analysis of the historical background, the author explores the internal logic of the constitution theory, which supports the Right to Know in Administration so that thoughts on China's corresponding theoretical background can be stimulated. Chapter 6 The Review of the International Legislation System of the Right to Know in Administration ---From the Angle of Human Rights The affirmance of the Citizen Right to Know in Administration as the human rights in the international legislation documents has established the foundation for the information publicity and the law making for the Right to Know in Administration. It also accelerates the process of legislation. In this chapter, the author reviews the international legislation system of the Right to Know in Administration from the angle of human rights. In detail, it is the analysis of the relevant regulations of the law of nations from the global aspect taking UN as an example and the analysis of the relevant regulations of the law of nations from the regional aspect taking EU as an example. The analysis clarifies that the Citizen Right to Know in Administration as a human right bears the international property,which is beyond the national boundaries. Consequently it is very helpful for us to understand that the main body of the Right to Know in Administration is infinite. Chapter 7 The Conflicts and Solution of the Right to Know in Administration Just like the other rights, the Right to Know in Administration is not absolute and supreme. It will conflict with other rights and power. It is possible for the Right to Know in Administration to collide with the following powers and rights, the power of national secrecy, the right of business secrecy, the right of private intimacy, and the necessary administration privilege. As to those powers and rights, the author first clarifies its definition and its effectiveness limits, and then values them by comparing it with the Right to Know in Administration and makes a choice so that the best project which can solve the conflict can be found out. Chapter 8 The Situation and Reflection of the Legislation and Fulfillment of the Right to Know in Administration This chapter includes two sections. The first section is about the situation and reflection of China's legislation of the Right to Know in Administration. The author first analyzes the present situation of the law making system of the Right to Know in Administration including the relevant regulations of the Constitution, laws and regional regulations. Then the author expatiates the reflections and suggestions of the present situation of the Right to Know in Administration including the following points, to prescript clearly the Citizens the Right to Know inAdministration; to replace the Publicity of the Government Information Byelaw by the Publicity of the Government Information Law; to amend the relevant laws of the Right to Know in Administration; to reinforce establishment and complement of China's regulations and rules of the Right to Know in Administration. The second section is about the situation and reflection of fulfillment of China's legislation of the Right to Know in Administration. The author first analyzes the situation of the fulfillment of the Right to Know in Administration, and then reflects on the following aspects, including to change the view points, to improve the understanding of the government and the public about the Right to Know in Administration; to impel the implement of the Publicity of the Government Information Law and accelerate the amendment of the relevant laws so that legislation conflicts can be decreased; to enrich the methods and means of the publicity of the government affairs, impel and perfect the netting project of the government; to accelerate the reform of the political system, straighten out the administration system and develop the publicity of the government information. To draw a conclusion, the Right to Know in Administration is the basic right for the modern citizens and is also the precondition and foundation for the implement of other citizen rights. In the current information society that is developing rapidly, as a right which connects most closely with government information, which is the most important social resource, the Right to Know in Administration bears the unique values that cannot be substitute for. To reflect profoundly on the very right and construct the legislation system of the government information publicity mainly directed...